Some States provide for a loss of nationality as a result of change in personal
status, though it is becoming increasingly rare to do so.99 Such a change
in personal status may occur, for example, through a successful denial of
paternity where a legal system relies on the principle of jus sanguinis through
the father as a basis for citizenship, or where the identity of a parent was
erroneously recorded. As in all actions relating to children, States must take
into account the best interests of the child as per their obligations under the
CRC before making decisions. According to the Committee on the Rights of the
Child “the ultimate purpose of the child’s best interests should be to ensure
the full and effective enjoyment of the rights recognized in the Convention and
the holistic development of the child”. The best interests principle, coupled
with the exceptionally strong norm in international law against childhood
statelessness, means that in no circumstances should States allow for the
loss of nationality of a child where doing so would result in statelessness.100
As already outlined, article 9(2) of CEDAW prohibits an automatic change in
the nationality of women as a result of marriage or termination of marriage,
to ensure that women do not lose their nationalities on the basis of a change
in personal status. Though marriage or termination of marriage resulting in
a loss of nationality is less common in practice for men, the same principles
should apply. In all circumstances relating to personal status, in no instance
should a change in personal status result in a loss of nationality leading to
statelessness. Loss must be conditional on possession or acquisition of
another nationality.101
The 1961 Convention allows for loss of nationality for naturalised citizens
based on prolonged residence abroad, for a period not less than seven
consecutive years if they do not express their intention to retain their
nationality. The Convention also permits loss of nationality if a national born
abroad does not return to reside in their country of nationality, or register
with an appropriate authority within a year of reaching majority. In the time
since the 1961 Convention was drafted, the bond between individual and
state has changed considerably, largely as a result of increased international
migration. Between 1990 and 2017, the number of international migrants
worldwide rose by over 105 million people, or by sixty-nine percent.102 Socioeconomic, demographic and political factors are causing more people than
ever to live outside of their country of birth. Communication technology,
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